Will of John Caldwell

Will of John Caldwell

Lunenburg County, DB1, page 498-500
Signed 26 Nov 1748; Recorded April Court 1751

I John Caldwell of Cub Creek in Virginia…

…my Fatherless Children to the Care of the Merciful Providence of God…First … my debts … no appraisement …”but an Inventory taken of all my Personal Estate and left in the power of my Executor for the need and Suport of my Children that shall be under Age at my Decease…

Imprimis … to my eldest son William Caldwell 400 acres of land where he now lives … also £12.10 Cash and my great Bible to my son John Caldwell 400 acres known by the name of the Flag Spring … impower my executor to sell and make title to the sd land for the use of sd John Caldwell as sd Executor thinks proper. I likewise leave to my son John Caldwell 100 acres of land where my mill now stands together with the mill & all improvements to be lett, rented or sold to my son James Caldwell, 500 acres whereon I now live also 500 acres of land “lying on East side of Cub Creek being part of 1,080 acres by est’n and likewise 100 acres on west side of Cub Creek, part of aforesaid 1080 acres … beg’g at the mouth of Lower Creek [Souer? Creek] thence up Cub for Quantity to him and his heirs also to my son Robert Caldwell all 600 acres of land lying on the west side of Cub Creek part of it being of the aforesaid 1080 acres and the remainder being three hundred acres adjoining the aforesaid land on Walkers Branch I also empower my executor to sell and title the remainder of the above sd thousand and eighty acres of land lying above the mouth of Walkers Branch ajoining John Sho_t for the use and import of my Children that shall be under age at my death also to my three sons John, Robert and James Caldwell… horses, geldings, mares and colts…

son David Caldwell executor and guardian of so many of my children as shall be under age at my death twenty sixth day of November 1748

witnesses present: Wm Rodgers, George Moore, John McNese

April Court 1751

Will of John Caldwell deceased exhibited in Court by executor David Caldwell

Information on John Caldwell

The family is an ancient one, as so stated in the history of the Family in England, Scotland and Ireland. When the Caldwells emigrated to America, the same traditions were brought by the descendants to America. Members of the family settled in New England, New Jersey, Pennsylvania and Virginia.

It is stated that they are descended from the Albigenses and the Waldenese of the Piedmont section of Italy. For many generations since their sojourn in Italy they have been most thoroughly imbued with Scottish blood and environment, and to say that they came from Italy and France seems improbable now, knowing their characteristics and name. Their name was changed but it is not known what the original name was nor is it known how long a time they lived in Italy. In Italy they were persecuted by the Catholics and left their home there to settle for a time in France. So far there have only been statements as to their life in Italy but there are records and traditions that they left and went to France.

A uniform tradition among all the Caldwell records states that they were descended from the Albigenses and Waldenses. The name Albigenses was given to the "heretics" belonging to several sects who abounded in France about the 13th century, but specifically to that sect known as the Waldenese or the "low louse" as the so called "heretics" against the teachings of the Pope were called. Pope Calixtus II pronounced a "condemnation" against them which Pope Innocent III ordered to be carried out in 1209. The name Albigenses arose from the circumstances that the district of Albigeria in Languedoc, of which Albi was the capital, the first point against which the crusade was directed.

These heretics were accused of denying the dogmas of the Trinity and death and resurrection of Christ and of refusing the eucharist and marriage. They were persecuted and killed for more than twenty years, from 1209 to 1229 and many thousands perished on both sides - the Catholics and the Heretics.

The Waldenese were Christians in a community which grew out of an anti-sacerdotal movement in southern France. They became involved in the destruction of the Albigenses and their persecutions continue more or under the disguise of Catholicism until they merged with the Calvinists after the Reformation.

Before the Reformation, about 1406 - 1437, three brothers named John, Alexander and Oliver left France, emigrated to Scotland in the time of James I of Scotland and it was here that they found a new surname given them because of the locality in which they lived. They were allowed to purchase land from the King of Scotland upon the condition that each brother with 20 men of sound limb be given as aid in the wars of the King. Their land was near Solway Firth and it was because of three springs or "three cold wells" thereon that the three brothers were given the surname of "Cauldwell" and their estates known as Cauldwell. Hence their name Caldwell. From that time on to the present there are Caldwells in Scotland, England, Ireland and America, and now scattered all over the United States. There are many families in Virginia and the Carolinas and as stated above, all have the same traditions as to their origin - this widely scattered and unknown one family to the other.

In Scotland, Virginia and in new England their arms are the same. All showing their origin in Scotland and the cold wells as a symbol of their name.

There is a cup preserved in a Virginia family as an heirloom which represents a chieftain of 20 men all mounted armed and drawing from a well with the words "Alexander of Caldwell" - "Point Ariv" of a vessel surrounded by high waves. It seems that they wished to commemorate the fact that their ancestor was a sea-man in the Mediterranean during the latter part of the 14th century.

The first of the name, so far as records show, were five brothers, instead of three first in Scotland, who settled in Ireland with Oliver Cromwell. These five brothers were related to Cromwell as his grandmother was a Caldwell. The brothers were named John, Alexander, Joseph, Daniel and David. After the Restoration in England the Caldwells came to Virginia.

As before stated the family is found scattered all over the United States and it is possible that some of the branches came to America prior to the group found in Virginia. The Kentucky branch came from Virginia and those in Pennsylvania are descendants of those who finally settled in that state and later in Virginia.

In this particular instance we are interested in the first members of the family who settled permanently in Virginia and left descendants.

The first authoritative record found of the Virginia family who landed with his family at New Castle, Delaware, December 10, 1727-1729. This John Caldwell-Gent and his wife Margaret Philips came from Ireland bringing with them their seven children and three sisters. They landed in Delaware on the very day that King George II was proclaimed there. From thence they went to Pennsylvania to a place called Chesnut Level.

This John Caldwell not only brought his family but there was also with him a group of his friends, connections and kith and kin from Ireland. He was of an enterprising nature and continually explored the country until he found a suitable place in Virginia. Soon after this, a large following of friends and relatives came over from Ireland, the so called Scotch-Irish, and settled in what then known as the "Captain John Caldwell Settlement".

To trace any family in Virginia we must trace the counties. We have seen that the first of the names of Caldwell in Virginia landed at New Castle in Delaware in 1727 or 1729, remained there a short time then moved to Pennsylvania and later we find him settled in Lunenburg, VA. In the History of Lunenburg by Bell it is stated "The Scotch-Irish" were represented among the earliest settlers of Lunenburg". "The Old Free State by the Caldwells, Calhouns, Bells and others - a group of the early colonists led by John and William Caldwell".

In 1738 John Caldwell-Gent on behalf of a group of his friends and relatives wrote to the Governor of Philadelphia to appoint representatives to visit Virginia and ascertain whether the Governor and council would look with favor on their settling in Virginia.

Before the colony had settled John Caldwell wrote to Governor Gooch and the council to be assured that the colony might have the benefit of the "Toleration Act" and that they might worship as Presbyterians and not attending the Episcopal Church. In Lunenburg, the parish of the Established Church was "Cumberland Parish".

As soon as John Caldwell had settled in Lunenburg he was made a vestryman in the church but resigned at once, refusing to take the oath prescribed by the church. But the vestry minutes show that on November 11, 1749 John and William were paid 1000 pounds of tobacco for the payment of a "Reader" in the church in the Cub Creek Settlement. This record shows that they were members of the Established Church but may have been just an affiliation until their own Presbyterian "Meeting House" was built.

For some years the history of the Caldwells claimed Charlotte County as the ancestral home in Virginia. The records of Lunenburg published recently show very decidedly that there were Caldwells settled there. The descendants of the Charlotte County Caldwells brought with them the same traditional accounts of their history as found in Augusta County. Lunenburg County was cut out from Brunswick in 1746 and Charlotte County was from Lunenburg in 1764.

26. John CALDWELL (Joseph Alexander , John , John , William ) was born on 9 Jan 1683 in Ballyogan of Record. He died on 6 Oct 1750 in Cub Creek, Lunenburg (Charl. He was buried in Cub Creek Church, VA.

JAC NOTE: Much of the data on this line has been donated and/or collected from various sources.

BIOGRAPHY: Arrived in America 10 December 1727 at New Castle, Delaware, going then to Lancaster County, Pennsylvania. About 1742 moved to Lunenburg County (now Charlotte), Virginia where they were joined by relatives, forming what is known as the "Caldwell Settlement" for many years.

BIOGRAPHY: John Caldwell was the first Justice of the Peace, commissioned by King George ll, for that sector.

Founder and elder of First Presbyterian Church of Virginia at Cub Creek.

Supposed to have come to Newcastle Delaware on 10 DEC 1727. I am not so sure of the accuracy of that date.

Born in Lifford Parish of Ballycogan, County Donegal in 1683. John and Margaret were married
in County Derry, Ireland on 4 Jan 1704. In 1727, John, his wife, four sons and a daughter,
emigrated to America along with three married sisters and their husbands (Elizabeth and James Moor, Jane and Alexander Ritchey and Catherine and John Dudgeon). They arrived at New Castle, Delware
aboard the ship EAGLE'S WING.

[JAC NOTE: Reference to "Eagle's Wing" is made to the "Covenanter's" ship, "Eaglewing". The Eaglewing set sail from Carrickfergus on September 9, 1636. The ship was three or four hundred leagues from Ireland when it was hit by turbulent seas and a hurricane that broke the ships rudder. After the rudder was repaired, the ship arrived back in Belfast Lough on November 3. The ship did not sail again under that name.]

The family went first to Lancaster Co., PA. in an area known as Chestnut Level. In approx.
1738 they moved to Lunenbeerg (now Charlotte) County, VA. It was known as the Caldwell Settlement on the Cub Creek area of Virginia. Some genealogy gives the date for the family migration to Virginia as about 1749, but it is duly recorded that the Cub Creek Church, which celebrated its 250th anniversary in 1986 was founded by James Caldwell in 1738.

Govenor Gooch of Virginia was pleased ot have the Caldwell Settlement at such a distance from
Williamsburg because it would eliminate that much more of the wilderness surrounding the
coastal areas. The pioneers were granted almost 30,000 acres, free muskets and exemption from taxes for ten years. Other members of the Caldwell family joined them and it was there that son James was born on 18 Apr 1754. John Caldwell founded the Cub Creek Presbyterian Church, becoming an Elder. John and his son William were among the Justices of teh Peace in Lunenburg Co., Virginia. In 1986, an article was written by a descendant, Anabel Stogner, who visited the site of the Caldwell Settlement in Virginia. The original Presbyterian Church in the settlement burned in 1940 but the stone foundation remained. The cemetery was still in use but there were no headstones with the name Caldwell on them. However, there were many fieldstones that had been used as grave markers.

Captain John Caldwell died 6 Oct 1750 at Cub Creek, Virginia. At the time of his death, he
owned a vast estate on Cub Creek and Lawes Creek of about 1080 acres. He is buried with his sons
William, Thomas and David and most likely his wife who must have preceded him in death, not being
mentioned in his will.

"The story of Cub Creek may be said to commence 11 April 1738 when the Donegal Presbytery (Lancaster, Penna.) approved the supplication of John Caldwell "in behalf of himself and many families of our persuasion who are about to settle in the back parts of Virginia desiring that some members of the Synod may be appointed to wait upon that government to solicit their favour in behalf of our interest in that place". (1) John Caldwell, an elder in the Chestnut Level Presbyterian Church in Lancaster County, Penna., is the recognized founder of the Cub Creek Congregation, in which movement he was ably assisted by Andrew and Thomas Cunningham, along with 14 others who purchased land, then in Brunswick County from Richard and William Kennon."

Footnotes: (1) Records of the Presbyterian Church in the United States of America, embracing the Minutes of the General Presbytery and General Synod, 1706-1788, pg 138-139. (2) The 17 founders were David John and William Caldwell and William son of John Caldwell; Andrew and Thomas Cunningham; Thomas Daugherty; Richard Dudgeon, James Franklin, William Fuqua, William Hardwick; David and James Logan; Alexander McConnel, Israel Pickens, John Stewar, and Thomas Vernon as noted in Elizabeth Venable Gaines: "Cub Creek and Congregation, 1738-1838, p. 93."

Page 568 "The Cunninghams of Cub Creek (981)

John Caldwell and Margaret Phillips

The following letter can be found in the Virginia Magazine of History and Biography, Vol. 19,
pp 92-94 (a letter from John Roger to Elias B. Caldwell; subject-the Caldwell family).

"Our [John Roger and Elias B. Caldwell--cousins] grandfather emigrated from Scotland to Ireland soon after King William's conquest of that place [ie. Scotland--King William III of England; 1650-1702][JAC NOTE: Other sources indicate during the reign of James I]. Our grandfather, John Caldwell, was born in Ireland and was there married to a Margaret Phillips (our grandmother). He remained there until they had five children, at which time he got three of his brothers-in-law, who had married his sisters, to come to America with him (to wit) Moor, Ritchey, and Dudgeon. Wll:[?] of whom I well remember and one brother-in-law who married his wife's sister whose name was Dougherty, grandfather of my wife and Thomas Dougherty formerly clerk to the lowest house of Congress. They set sail together and landed in Delaware the very day that King George II was proclaimed there [King George II of England; 1683-1760]. From thence they got up the country to a place in Pa., then, called Chestnut Level. Our grandfather naturally of an enterprising spirit, explored the country southwesterly from a place in Va. to Albemarle Co. to which he moved and was soon followed by all his kindred.

There he lived some years; there our grandfather died and his oldest son and my mother-his only daughter-were married.

They and their companions moved with him to Roanoke River and the fine lands there explored the country westerly until his followers fixed on a fine level waterly spot not 30 miles outside any inhabitants, to which place him and his sons and brothers-in-law moved about the year 1742-43.

They were soon after joined by other friends mostly from Ireland or Pa. until they formed a little settlement which was known and always called Caldwell Settlement. For thirty years after father was the first Justice of the Peace and his oldest son the oldest militia officer that was ever appointed under King George II within 25 miles of that place in that neighborhood. I was born and in it was married and had six children before I moved to Ky in the year 1781.

Our grandfathers children were William, Thomas, David, all are buried in the same graveyard with their father. David's widow and all the family moved to Ky. Uncle John went to So. Carolina and died there. Uncle William's widow and all that family went also to So. Carolina. Our friend John C. Calhoun is a son of the 2nd daughter of that family."

(signed by) Cousin John Roger

Elder in church of Rev. John Thompson. Very active in church affairs in the "back parts" of VA. (Wilson's "Tinkling Spring" p. 41-45). Rev. John Thompson settled Buffalo Community in 1744 in Amelia Co. VA (now Prince Edward), adjacent to Lunenberg.

Will dated 26 Nov 1748 gave 500 acres each to sons Thomas, David, and Robert on the east side of Cub Creek.

Records show that Capt John and Margaret brought their five oldest children, William with wife Rebecca, Thomas with wife Mary Jane, David perhaps with wife Mary, Margaret with husband James, and son John to America with them. Their two youngest children, Robert was born in PA, and James at Cub Creek.

Also immigrating with them were his sisters Elizabeth, Jane, Catherine, and brother Andrew (Andrew abt 1718).

LETTER: of John Rodgers, grandson of John Caldwell and Margaret Phillips, Published in the Virginia Magazine for Jan 1911, Vol 19, p 93, -recorded pp. 115-116 in THREADS OF ANCESTORS, Telford-Ritchie-Mize, Written by Leila Ritchie Mize and her daughter, Jessie J. Mize (living in Athens, G

-Virginia Magazine noted that the letter had been written to Elias B. Caldwell (Clerk of the U.S.
Supreme Court) many years before the death of John Rodgers.

"Dear Sir:

"I acknowledge receipt of your letter of the 18th of March and I thank you for the information therein contained. You cannot conceive what feelings crossed my brain when I heard of so many of my kindred according to the flesh well in this world and to human appearance not forgetful of the next. The accounts you give me of many of my dear people are truly pleasing to me as I am now eldest of all our family and have from my youth up been very curious in collecting all information I could obtain from my oldest relations with regard to our ancestors. I will give you a short sketch of what I know on the subject. It may afford you some amusement in your leisure hours.

"Our grandfather emigrated from Scotland soon after King William's conquest of that place. Our grandfather John Caldwell was born in Ireland and was there married to Margaret Phillips (our grandmother).

He remained there till they had 5 children at which time he got 3 of his brothers-in-law (to wit) Moor, RITCHEY, and Dudgeon, all of whom I remember well, and one brother-in-law who had married his wife's sister whose name was Dougherty, grandfather of my wife and of Thomas Dougherty formerly clerk of the lower House of Congress and, of course, known to you.

These set sail together and landed in Delaware the very day King George II was proclaimed there. From thence they got up the country to a place in Pennsylvania then called Chestnut Level. Our grandfather, naturally of an enterprising spirit, explored the country southwesterly from a place in Virginia now Albemarle County to which he moved and was soon followed by all his kindred. There he lived some years; there our grandfather died and his oldest son and my mother, his only daughter, were married. They and their companions moved with him to Roanoke River and the fine lands there, explored the country westwardly till he and his followers fixed on a fine level watered spot not 30 miles outside any inhabitants to which place he and his sons and brothers-in-law moved about the year 1742 or 3.

They were soon after joined by other friends, mostly from Ireland or Pennsylvania, until they formed settlement which was known and always called Caldwell settlement for 30 years after. Our grandfather was the first Justice of the Peace and his oldest son the oldest militia officer that was ever appointed under King George II.

"Within 25 miles of that place in that neighborhood I was born and in it was married and had 6 children before I moved to Kentucky in the year 1781. Our grandfather's children were William, Thomas, David, Margaret, John, Robert and James. My father and grandfather both died in October 1750, just 14 days apart. My mother then married a man by the name of James Mitchell. She had 5 children by each husband. Two of her daughters died in Virginia. The rest all came to Kentucky and have been numerous families. Her son Robert died in Kentucky. William, Thomas, and David Caldwell are all buried in the same graveyard with their father. David's widow and all that family moved to Kentucky. Uncle John went to South Carolina and died there. Uncle William's widow and all that family went to South Carolina, also. Our friend, John C. Calhoun is a son of the 2nd daughter of that family.

"I enjoy as good health as a man in his 79th year has any good reason to expect or look for, for which I ought to be very thankful to the great Giver of all blessings. My kindred in this section of the country are all well as far as I know. I am sorry to hear of your declining state of health but
hope you will be enabled by grace divine to bear it without murmuring thought. Remember me to your wife and children and to your brother Josiah and family. I greet you all as dear relations and although I shall never see any of you in this world I hope to meet you in a future day in a far happier place. How vain are all things here below, yet I feel a desire to hear from you all often whilst I live. On looking over what I have written I see a good many blots and blunders which you will readily excuse.

Farewell! Farewell!

From your affectionate cousin,
John Rodgers."

cont *

TO: ALL via PRODIGY
FROM: JAMES CALDWELL (BVNT04A) SUBJECT: CALDWELL
INFORMATION REGARDING TWO CALDWELL FAMILIES FROM IRELAND
The following published in Belfast Times 1856 by R. M.Sibbet, Historian of Ireland:

[JAC NOTE: There are obviously two families represented here. Research conducted by Plunkett Caldwell of North Ireland at PRONI show the children of John m. Mary Sweetenham as different than listed from this Belfast Times excerpt.]

John married Margaret PHILLIPS daughter of James (Grffiths) PHILLIPS and Janet MCCOULLOUGH on 4 Jan 1704 in County Derry, Ireland. Margaret died in 1746.

WILLIAM CALDWELL, the son of Alexander Caldwell, was born Abt. 1577 in Straton, Ayershire, Scotland and died in Ireland.

Child of WILLIAM CALDWELL is:

JOHN CALDWELL, b. 06 June 1603 in County Donegal, Ireland, d. 19 February 1638/39

Generation No. 3

JOHN CALDWELL, son of William Caldwell, was born 06 June 1603 in County Donegal, Ireland, died 19 February 1638/39 in Enniskillen, County Fermanagh, Ireland and was buried on 21 February 1638/39, St. Audeon's Church, Dublin, Ireland. He married MARY SWEETINHEM about 1627 in Londonderry, County Derry, Ireland, daughter of ANTHONY SWEETINHEM and ELIZABETH HOCKNELL. She was born 16 June 1605 in County Donegal, Ireland.

Children of JOHN CALDWELL and MARY SWEETINHEM are:

WILLIAM CALDWELL, Christening 10 May 1628, Glindermott, County Donegal, Ireland, d. April 1698

JOHN CALDWELL, b. 06 September 1630, Ballyoogan, County Donegal, Ireland, d. January 1691/92

JOHN CALDWELL was born 06 September 1630 in Ballyoogan, County Donegal, Ireland, and died January 1691/92 in Ballyoogan, County Donegal, Ireland. He married (1) MARGARET PORTER 11 June 1651. She died before 16 May 1653. He married (2) MARY HOLMES 06 June 1654 in Londonderry, County Derry, Ireland, daughter of JOHN HOLMES and JANE JENNINGS. She was born 06 April 1635, and died 18 September 1691 in Ballyoogan, County Donegal, Ireland.

JOSEPH CALDWELL was born 09 January 1657/58 in Ireland and died 30 September 1730 in Lifford Parish, Ballyoogan, County Donegal, Ireland. He married JANE MCGHIE 05 May 1682 in County Donegal, Ireland, daughter of ALEXANDER MCGHIE and JANE MILLIKIN. She was born 06 June 1660 in County Derry, Ireland and died 1748 in Cub Creek, Lunenburg County, Virginia.

JOHN CALDWELL was born 09 January 1682/83 in Lifford Parish, Ballyoogan, County Donegal, Ireland, and died 06 October 1750 in Cub Creek, Lununburg County, Virginia. He married MARGARET PHILLIPS 04 January 1703/04 in Ireland, daughter of GRIFFITHS PHILLIPS and JANET MCCOULLOUGH. She died about 1748 in Albemarle, Lunenburg County, Virginia. John and Margaret Caldwell immigrated 10 December 1727 to Newcastle, Delaware. His will was probated 03 apr 1751 at Lunenburg County, Virginia.

DAVID CALDWELL was born 07 July 1708 in County Donegal, Ireland, and died 06 March 1769 in Cub Creek, Lunenburg County, Virginia. His will was recorded 6 March 1769 in Charlotte, Virginia. He married MARY DUDGEON about 1745 in Virginia, daughter of JOHN DUDGEON and CATHERINE CALDWELL. She was born about 1709 in Ireland, and died about 1820 in Mercer County, Kentucky.